New York State Court of Claims

New York State Court of Claims

WASHINGTON v. THE STATE OF NEW YORK, #2006-033-222, Claim No. 112399, Motion No. M-71995


Synopsis



Case Information

UID:
2006-033-222
Claimant(s):
JEROME WASHINGTON
Claimant short name:
WASHINGTON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112399
Motion number(s):
M-71995
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Jerome Washington, Pro Se
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Lori L. Pack, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 29, 2006
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim brought by Jerome Washington, (hereinafter “claimant”) based on the alleged negligence of the State of New York on August 29, 2005. Claimant previously brought a motion for permission to file a late claim, which this Court granted (M-71254). Claimant was directed to serve and file the proposed claim within 45 days of the filing date of the Court’s decision and order. Claimant filed the claim in a timely manner but served the claim upon defendant two days passed this Court’s deadline.


Based upon claimant’s failure to timely serve the claim, defendant moves to dismiss the claim[1].

The requirements of the Court of Claims Act are jurisdictional in nature and must be strictly construed. However, claims which are filed pursuant to the court’s permission as a late claim are done within the court’s discretion and thus the court may use its discretion to accept what would otherwise be jurisdictionally defective (Beckley-Kamara v State of New York, 2006 NY Slip Op 10000). Under the circumstances of this case, the Court will deem the claim as timely served and filed.

Based upon the foregoing, defendant’s motion to dismiss is denied.


December 29, 2006
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on defendant’s motion: Notice of Motion dated June 26, 2006 and filed July 5, 2006; Affirmation in Support of Lori L. Pack, Esq. with annexed Exhibits A-B dated July 5, 2006 and filed July 5, 2006.